March 23, 2020
Statement on open government amid COVID-19 crisis in California
In response to the COVID-19 pandemic, some government agencies in California have
announced that they intend to stop responding to California Public Records Act requests until
the crisis passes. There is no legal basis for this extraordinary step. The California Public
Records Act, Gov. Code § 6250, et seq., remains the law of the land, and Article I, section
3(b)(1) of the California Constitution provides that “The people have a right of access to
information concerning the conduct of the people's business, and, therefore, the meetings of
public bodies and the writings of public officials and agencies shall be open to public scrutiny.”
The public’s right of access remains and is crucial in times of crisis. Just as the government’s
power is at its apex during a crisis, the importance of the public’s right to know how their
government is wielding that power could not be greater.
The undersigned groups therefore condemn moves by some government entities to abandon
their obligations under the California Public Records Act and the California Constitution, and we
strongly urge them to reconsider.
We recognize and understand the difficult choices that government agencies must make right
now. Delayed responses to Public Records Act requests may be inevitable. But agencies have
an obligation to take all reasonable measures to preserve and effectuate the rights of
Californians to understand their government — rights which our Legislature has recognized are
“fundamental” and “necessary” and our Supreme Court has held are “essential to the
functioning of a democracy.” (See Gov. Code § 6250 [access to information is "a fundamental
and necessary right of every person in this state"]; Int’l Fed’n of Prof’l & Tech. Eng’rs, Local 21,
AFL-CIO v. Superior Court (2007) 42 Cal.4th 319, 328 [“Openness in government is essential to
the functioning of a democracy.”].)
The coronavirus pandemic is not California’s first major crisis, and the Legislature has never
authorized the suspension of the California Public Records Act. It enacted that law specifically
“to safeguard the accountability of government to the public, for secrecy is antithetical to a
democratic system of government of the people, by the people and for the people.” (See San
Gabriel Tribune v. Superior Court (1983) 143 Cal.App.3d 762, 771-72.) Moreover, the
Governor’s recent emergency orders do not waive any of the California Public Records Act’s
requirements.
While we acknowledge the extraordinary stresses that government agencies face right now, we
urge all government agencies to comply with the California Public Records Act and the
California Constitution and take all reasonable measures to continue to provide information to
the public and the press during these exceptionally difficult times.

 MEDIA CONTACTS:
First Amendment Coalition
David Snyder
(510) 725-7373
dsnyder@firstamendmentcoalition.org
Society of Professional Journalists NorCal Chapter
Freedom of Information Committee
spjnorcalfoi@gmail.com

Californians Aware
California News Publishers Association
Electronic Frontier Foundation
First Amendment Coalition
Open Vallejo
Reporters Committee for Freedom of the Press
San Diego Pro Chapter of the Society of Professional Journalists
Society of Professional Journalists, Greater Los Angeles Chapter
Society of Professional Journalists Northern California Chapter
Society of Professional Journalists San Diego Pro Chapter